LL.B. (Three Years) Sem 3 Transfer of Property Act and Easement Act Nov 2013 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1. Answer the following in not more than two sentences 20 Marks

1. i. Define Actionable Claim.
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2. ii. Define Gift.
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3. iii. What is constructive notice?
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4. iv. What does "attested" mean.
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5. v. What is profit prendre?
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6. vi. Who is a "universal donee"?
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7. vii. Who may impose easement?
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8. viii. Persons competent to transfer.
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9. ix. What is conditional transfer?
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10. x. What is redemption?
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Q.2. Short Notes, any four 20 Marks

1. a. Contingent Interest.
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2. b. Rules against Perpetuity
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3. c. Ostensible Owner.
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4. d. Conditional Transfer.
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5. e. Lis Pendens.
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6. f. Fraudulent Transfer.
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Q.3. Situational Problems, any two 12 Marks

1. 1. A farm at Sultanpur is the property of 'C' worth Rupees 1 Crore. 'A' by an instrument of gift professes to transfer it to 'B', giving by the same instrument Rs.1.5crores to 'C'. What are the options left to 'C' and give reasons for your answer.
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2. 2. 'A' transfers a farm to 'B' for his life with a proviso that in case 'B' cuts down certain trees, the transfer shall cease to have any effect. 'B' cuts down the trees. What is the effect of his action. Give reasons for your answer.
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3. 3. 'A' is an owner of a flat at Mumbai, who left behind his wife B and child and went to Dubai and was not heard of for 5 years. The wife mortgaged the flat for 50 Lakhs to C. Is the Mortgage valid? What are the right of C in case A does not return after 7 years?
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Q.4. Answer the following, any four 48 Marks

1. a) What is an Exchange? What are the rights and liabilities of the parties to an Exchange?
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2. b) What are the characteristics of a Lease? Discuss the rights and liabilities of the lesser and the lessee.
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3. c) What is Part Performance? What are the conditions to be fulfilled by Transferee who wants to defend or protect his possession?
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4. d) What is Easement and what are the different types of Easements under the Indian Easement Act, 1882?
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5. e) What is Redemption? Who can redeem a mortgage besides the Mortgager?
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6. f) What is Rule against Perpetuity? What are the provisions regarding Transfer to an unborn child under Transfer of Property Act?
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